Research Project for the degree of Masters of Science in Applied

Geospatial Sciences with an Emphasis in

Custom Geography, Planning and Recreation

Stephanie E. Newell

Problem Statement

The purpose of this study was to find out

whether zoning is an appropriate response to

hydraulic fracturing by comparing the situations

and circumstances that exist in New York and

Pennsylvania. If the states are

regulating

hydraulic why

should local

governments?

Do they have the

reasons and the

authority?

*The methodology is a qualitative comparison of two case studies.

--- A variety of information and data sources were used to address the research problem. (connect behavior to an action and to find patterns)

* The conceptual framework applied to this research is Regulatory Theory.

--- Regulatory Theory was used to formulate the problem and validated the findings.

(as per recommendation of Dr. Lew)

Why compare New York and Pennsylvania in order to find

out whether or not zoning is an appropriate response to

hydraulic fracturing?

*Both states are located within the Marcellus Shale basin

*They share a border with each other and are

geographically similar

*Both are home rule states

*Pennsylvania is actively hydraulic fracturing while New

York is not and therefore Pennsylvania has served as an

example to New York on what to expect

*Both states have underfunded and understaffed

regulatory agencies

*Both are establishing case law

“It has been suggested that cost-benefit analysis would license environmental, health and safety regulation that violates individuals’ moral rights not to be put at risk of death or physical harm.” (Adler 2009:593).

Regulatory Theory was applied to understand the role of zoning as a response to hydraulic fracturing through its lens.

What is Regulatory Theory?

*Expansion of Marxist philosophy on capitalism (state must regulate)

* Private sector should not be a part of regulation (crisis, failure)

*Regulations implemented by legal governmental body

*Welfarism added to capitalist equation (regulations outcomes also evaluated by their moral consequences)

*Economism and humanism integration to preserve capitalism and ensure social and environmental protections at the same time

• Unconventional Natural Gas

• 2 to 8 Million Gallons of Water

Over 200 Trucks

• 750 – Chemical Additives

29 Carcinogenic

Trade Secrets Act

• Sand (silica)

• Flow Back Water (40%)

• Produced Water

NORMs (Naturally Occurring

Radioactive Materials)(Radon)

TDS (Total Dissolved Solids - Salts)

Hydrocarbons (Methane, Ethane,

Propane)(Benzene)

Water Contamination

(blowouts)

• Air Contamination

• Methane (from infrastucture, GHG)

• Respiratory and Neurological

Issues downwind

Hydraulic Fracturing's

Impacts in

Pennsylvania and

what New York may

experience

Hydraulic Fracturing's

Impacts Cont.

What is zoning and what makes it an effective avenue in

regulating hydraulic fracturing at the local level?

* It is a tool used by local governments for land use regulation

*Creates zones in order to separate incompatible uses for public welfare

*Zoning ordinances passed to establish land uses for a particular area

* It is a Legislative act (within its guidelines of the state)

*States in charge of regulations therefore municipalities can use zoning

What challenges have municipalities in New York and

Pennsylvania faced when using their zoning powers to

regulate hydraulic fracturing?

*Oil and gas companies suing municipalities over preemption

Key rulings from the challenge to local

governmental use of zoning in New York and

Pennsylvania to control where hydraulic fracturing

can take place

*New York - Frew Run Gravel v Town of Caroll (1987)

*Pennsylvania - Huntley & Huntley Inc. v Borough of

Oakmont (2009)

*Pennsylvania - Robinson Township, et al.v The

Commonwealth of Pennsylvania, Pennsylvania Public

Utility Commission (Commission) (2013)

*The current regulatory framework is weak

*There is not enough scientific data to conclude

that hydraulic fracturing is safe

*The trust in the oil and gas industry by local

communities is not there

*Local communities have turned to zoning to

protect their health, safety and welfare

*State courts in both New York and Pennsylvania

have upheld zonings home rule powers to decide

where hydraulic fracturing can take place

*Zoning is therefore an appropriate reaction to

hydraulic fracturing within this context

Regulatory Theory

• Zoning is Welfarist v Hydraulic fracturing for profit

• Zoning regulation by legal local government authority stabilizes the crisis

• Local governments are creating a change in the way hydraulic fracturing is regulated by initiating an ethical compromise

I would like to thank all the members of

my committee for helping and supporting

me through this challenging but rewarding

process. A special thanks to my advisor Dr.

Lew who made this possible.